Opinion | chrisgeidner: An estimated 700,000 Puerto Ricans are paying the price for entrenched racism. - MSNBCDaily
Biden’s failure here goes beyond his punt to Congress, pressing as he does in his statement for congressional action to fix the exclusionary treatment. He's also holding back on his authority in this matter. Defending the constitutionality of statutes is, as Biden said, “critical to the Department’s mission of preserving the rule of law.” However, there also are exceptions to that practice, exceptions that his statement ignores.
Biden knows that final exception all too well. It was during his time as vice president that the Justice Department had to decide whether to defend the Defense of Marriage Act. On Feb.
When Obama took office, no court — let alone an appeals court — had ruled DOMA to be unconstitutional. To the contrary, every challenge at that point had failed. By 2011, though, Obama wasn’t alone. Courts had begun ruling on the question, with the first federal judge deciding in July 2010 thatFor Biden, the question of the constitutionality of exclusionary treatment of Puerto Ricans has already reached past that point with last year’s appeals court ruling.
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